IN THE COURT OF DISTRICT JUDGE

[DISTRICT], NEW DELHI

M.A. No …… of 2019 Commented [v1]: Miscellaneous Application

IN
Appeal No. …..of 2019

In the matter of :-

Sh. X …Applicant/Appellant

Versus

Smt. Y …Respondent

APPLICATION ON BEHALF OF THE APPELLANT UNDER

SECTION 5 OF THE LIMITATION ACT FOR CONDONATION
OF DELAY IN FILING THE PRESENT APPEAL.

RESPECTFULLY SHOWETH :-

1. That appellant/applicant has filed an accompanying appeal, against

the impugned judgment dt. …. passed by the Ld. Civil Court of Ms.

(Name of Judge) , (designation) (name of Court), New Delhi, whereby Commented [v2]: Optional

the Ld. Court was pleased to allow the claim of respondent

(original Plaintiff) in a suit under Section 38 of Specific Relief Act,

1963 requesting for grant of permanent injunction against the

appellant/applicant.

2. That the contents of the said appeal may kindly be treated as

part and parcel of the present application as well, as the same are

not being repeated herein for the sake of brevity.

3. That appellant/applicant appeared in the original suit regularly either
personally or through his counsel, with the permission of the Court and
attended the proceedings diligently. However, during this period and
thereafter, parents of appellant fell ill and their health severely
deteriorated. Appellant being the only son was looking after his
parents and could not contact his counsel.

4. That in the meantime on ……….. the Ld. Civil Court passed a

judgment against the appellant/applicant and granted relief to the
Respondent. Against which the appellant/applicant has a right to go in
appeal within 30 days from the date of Decree or Order. The decree
was passed by the Ld. Civil Court on 01.06.2019
5. That the appellant/applicant came to know about the passing of the
decree against him only after passing of 25 days from the date of decree
because of the lax attitude of the counsel. In the meanwhile the health
of the parents of the appellant/applicant deteriorated further and both
the parents were required to be admitted in hospital. It was impossible
for the appellant/applicant to find a new counsel to handle the matter or
to go to the Court himself and file the appeal within time.
6. That the appellant/applicant was able to file the appeal only on
16.07.2019, i.e. 14 days after the expiration of period of limitation. The
parents of the appellant/applicant were discharged 12.07.2019 and he
appointed a new advocate on 13.07.2019. The next two days were a Commented [v3]: Explain the delay on the expiration of the
prescribed period.

weekend and the next day when the Court opened was 16.07.2019
[Monday].
7. That the delay in filing the accompanying appeal was neither
intentional nor deliberate but the same was only due to the
aforesaid facts and circumstances and bonafide reasons.

8. That in case the delay in filing the accompanying appeal is not

condoned and the present appeal is not heard and decided on its
 merits, in that event, appellant shall suffer an irreparable loss and

injury without any restitution therefrom.

PRAYER :

In view of the aforesaid facts and circumstances, it is, therefore,

most respectfully prayed that this Hon’ble Court may be pleased to:

1. Condone the delay, if any, in filing the accompanying appeal and

the same may kindly be heard and decided on its merits, in the

interest of justice.

2. Such other or further orders as this Hon'ble Court may deem fit

and proper in the facts and circumstances of the case be also

passed in favour of the appellant/applicant and against the

respondent to meet the ends of justice.

It is prayed accordingly!

New Delhi Appellant

Dated: through:-
(Signatures.)
Advocates